Construction Safety Act Amendment Act 1985 (Qld)

276 (Ou ee n slanb U F^$j^fcJNPP ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 23 of 1985 An Act to amend the ConstructionSafety Act 1971- 1982 in certain particulars [ ASSENTED TO 15TH APRIL, 1985]

Construction Safety Act Amendment Act 1985, No. 23 277 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same , as follows:- 1. Short title . This Act may be cited as the Construction Safety Act Amendment Act 1985. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) The Governor may by Proclamation- (a) appoint a date on which this Act (other than section 1 and this section) shall commence; or (b) appoint dates on which the provisions (other than section 1 and this section) of this Act specified in the Proclamation shall commence. Such dates may be appointed in the one" Proclamation or in different Proclamations. This Act (other than section 1 and this section) or a provision thereof specified in the Proclamation shall commence on the date appointed by Proclamation made under this subsection for the commencement of this Act or, as the case may be, that provision. 3. Principal Act and citation as amended . (1) In this Act the Construction Safety Act1971-1982 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Construction Safety Act1971-1985. 4. Amendment of s. 5 . Arrangement of Act. The Principal Act is amended by inserting after the words " Division V-Certificates of Competency (ss. 51-57);" the following words:- " Division VALicences and permits (ss. 57A-57M);". 5. Amendment of s. 6 . Definitions . Section 6 of the Principal Act is amended by- (a) in the definition " construction work "- (i) omitting the word " and " at the end of provision (d); (ii) inserting in provision (e) after the word " equipment " the following words:- 66 9 and (f) the removal of asbestos from a building or structure or from machinery, plant and equipment;"; (b) omitting the definition " holder " and substituting the following definitions:- "holder" means when used in relation to- (a) a certificate of competency or a permit issued pursuant to section 52; 12

278 Construction Safety Act Amendment Act 1985, No. 23 (b) a permit issued pursuant to section 52A; (c) a licence issued pursuant to section 57F; or (d) a permit issued pursuant to section 57M, the person named in the certificate, licence or permit as the person to whom it is issued; " house " means a building (whether temporary or permanent) used or intended to be used, adapted or designed for use as a separate residence for an occupier entitled to the exclusive use of the building and containing washing, bathing, shower or sanitary facilities and includes any outbuilding to be used in association with the building, but does not include- (a) a " lot " within the meaning of the Building Units and GroupTitles Act1980-1984; (b) a building attached to a shop, office, warehouse, factory and used or intended to be used, adapted or designed for use as a residence for an occupier or caretaker of the shop. office, warehouse or factory; (c) a building used or intended to be used, adapted or designed for use as an apartment or apartment house, a boarding house, motel, residential club, residential hotel or residential part of premises licensed under the Liquor Act1912-1982; (d) a building (whether temporary or permanent) used or intended to be used, adapted or designed for use as a separate residence or habitation for an occupier entitled to the exclusive use of the building which may or may not contain washing, bathing or sanitary facilities and forming part of a group of other buildings; (e) a separate residence that is a portion or part of a building containing two or more such residences; (f) a building or a building of a class prescribed under this Act not to be a house;"; (c) inserting after the definition " inspector" the following definition:- licensed demolisher " means an individual who is at the material time the holder of a licence granted and issued pursuant to section 57F;". 6. New s. 14A. The Principal Act is amended by inserting after section 14 the following section:- " 14A. Powers and duties of Police Officers . Where under section 14 (e), an inspector calls to his aid a member of the Police Force, it shall be the duty of that member to aid that inspector as required and a member so aiding shall, for those purposes, be deemed to be an inspector and shall have all of the functions and powers of an inspector under this Act in addition to those powers and functions vested in him as such member of the Police Force."

Construction Safety Act Amendment Act 1985, No. 23 279 7. Amendment of s. 15. Inspector's power to ascertain name and address. Section 15 of the Principal Act is amended by- (a) omitting the word " address " in the note appearing in and at the commencement of the section and wherever it appears in that section and substituting the words " place of residence "; (b) in subsection (1) inserting after the words " may require that person to state his " the word " true "; (c) in subsection (2) inserting after the words " to state his " the word " true ". 8. Repeal of and new s. 36 . Injunction to secure compliance with inspector ' s directions and this Act. The Principal Act is amended by repealing section 36 and substituting the following section:- " 36. Order to secure compliance with inspector ' s directions and this Act. (1) Where it appears to the Chief Inspector that a constructor, sub-contractor or employer to whom an inspector has given directions pursuant to any provision of this Division- (a) has failed to comply with the directions and thereby has committed an offence against this Act; or (b) having instituted an appeal against the directions given to him by an inspector, or against any of them, or against the Chief Inspector's decision on appeal concerning the same, has failed to comply with section 32 of this Act or is likely to fail to comply with that section, the Chief Inspector- (c) may, subject to provision (d), make application to a Commissioner appointed under the Industrial Conciliation and Arbitration Act 1961-1982 in Chambers; and (d) shall where- (i) the order sought is for an indefinite period; and (ii) the Commissioner, upon application being made to him seeking that order pursuant to subparagraph (c) of this subsection, has ordered that the application be referred to the Commission established under that Act, make application to the Commission, for an order in the nature of a mandatory or restrictive injunction or otherwise to secure compliance with the directions or, as the the case may be, with this Act and the Commissioner or, as the case may be, the Commission may in respect of that application make such order as it thinks just and necessary. (2) An application referred to in subsection (1) shall be made and in the first instance dealt with ex parte. If it is made to appear to the Commissioner or, as the case may be, to the Commission that- (a) there has been a failure to comply with the directions of an inspector referred to in subsection (1); or

280 Construction Safety Act Amendment Act 1985, No. 23 (b) there has been a failure to comply with or it is likely that there will be a failure to comply with the provisions of this Act referred to in subsection (I), the Commissioner or, as the case may be, the Commission shall- (c) make an interim order of the description sought by the applicant; (d) adjourn the matter of the application for a period of 7 days; and (e) make an order directed to the person who has failed to comply with the directions of the inspector or has failed or is likely to fail to comply with section 32 of this Act to show cause why the interim order should not be made absolute. (3) An interim order made under subsection (2) shall continue in force for a period of 7 days from the day of its making but may be extended and, if necessary, revived by order of the Commissioner or, as the case may be, the Commission. (4) The Commissioner or, as the case may be, the Commission may in his or its discretion direct an order made pursuant to subsection (2) to such of them the constructor, sub-contractor or employer in respect of the project or construction work to which the inspector's directions relate and may enjoin the person or persons to whom it is directed from proceeding further with the project or the construction work. (5) A person to whom an order made pursuant to subsection (2) is directed shall not, after he has received notice of the order, contravene the order or permit the order to be contravened. The form of such notice and the mode of service thereof shall be in the discretion of the Commissioner or, as the case may be, the Commission. (6) A person to whom an order made pursuant to subsection (2) is directed who contravenes the order or permits the same to be contravened- (a) commits an offence; (b) may be prosecuted for that offence by way of proceedings in the Industrial Court constituted under the Industrial Conciliation and Arbitration Act 1961-1982 as if the offence were against a provision of that Act; and (c) is liable- (i) if a body corporate, to a penalty of $50 000; (ii) if a person other than a body corporate, to a penalty of $10000 or to imprisonment for 6 months or to both such fine and imprisonment. (7) Every proceeding taken for the purposes of this section shall be taken subject to and in accordance with the Industrial Conciliation and Arbitration Act 1961-1982 and the Rules of Court

Construction Safety Act Amendment Act 1985, No. 23 281 made under those Acts the provisions of which, shall subject to this section , apply accordingly.". 9. Amendment of s. 51. Restricted employment in certain occupations. Section 51 of the Principal Act is amended by in subsection (1) inserting in provision (c) after the words " he is engaged " where firstly occurring the words " or of a subsisting permit issued by the Chief Inspector under section 52A that authorizes him to engage in the occupation in which he is engaged ". 10. New s. 52A. The Principal Act is amended by inserting after section 52 the following section:- " 52A. Permit to engage in an occupation . (1) Upon being satisfied- (a) in a case where the holder of a certificate of competency is not available to be engaged in any of the occupations referred to in section 51; (b) that a person of good repute who is not the holder of such a certificate is nevertheless capable of performing and has sufficient knowledge to perform the work required and is available so to do, the Chief Inspector may upon the application of the constructor, sub-contractor or employer concerned and upon payment of the prescribed fee grant to that person a permit authorizing him to engage in the occupation for which the permit is sought. (2) A permit granted under this section- (a) shall be in force for the time specified therein; and (b) while it is in force, shall be deemed to be a certificate of competency appropriate, according to its tenor, to the occupation specified therein but to no other occupation.". 11. Amendment of s. 53. Certificates and permits subject to conditions . Section 53 of the Principal Act is amended by in subsection (1) inserting after the words " a person to engage " the words " as a learner ". 12. New heading and ss. 57A to 57M. The Principal Act is amended by inserting after section 57 the following heading and sections:- " Division VA Licences and permits 57A. Licensed demolisher to be on site . (1) A constructor, sub-contractor or other person who makes a contract to perform construction work of a kind referred to in any one or more of the classifications referred to in section 57E (1) shall ensure that a licensed demolisher is present on the site in question at all times while that construction work is being performed. (2) The person on whom a duty is cast by subsection (1) is liable for a breach of that duty notwithstanding that the act or omission that evidences a failure to perform that duty is the act or

282 Construction Safety Act Amendment Act 1985, No. 23 omission of another person or that the act or omission is contrary to his instructions and in relation to such breach of duty sections 23 and 24 of The Criminal Code do not apply. 57B. Licence or permit required for certain construction work. (1) Subject to this Act, a person shall not perform construction work of a kind referred to in any one or more of the classifications referred to in section 57E (1) unless he is the holder of a licence or permit so to do granted and issued pursuant to the provisions of this Act. 57C. Application of s. 57B in prescribed cases. For the purposes of section 57B a person who causes the performance of construction work of a kind referred to in that section shall be deemed to have performed that construction work unless it is shown that the construction work concerned is or was performed by another under a contract other than a contract of service made by such person. 57D. Minister's power to exempt. (l) The Minister may, by order published in the Gazette, exempt a person or class of person or construction work in connexion with demolition or a class of construction work in connexion with demolition from the operation of all or any of the provisions of this Act either absolutely or subject to such conditions as the Minister specifies in his notification. (2) The Minister may by notification published in the Gazette, revoke or vary an order made under subsection (1). (3) An order of the Minister duly made under subsection (1) or (2) shall have effect according to its tenor. 57E. Classifications of licence in relation to demolition, etc. (1) An individual may be granted a licence to perform construction work as a licensed demolisher in any one or more of the following classifications:- (a) Classification 1-in relation to all types of construction work in connexion with the demolition of buildings or structures; (b) Classification 2-in relation to construction work in connexion with the dismantling of machinery, plant and equipment; (c) Classification 3-in relation to construction work in connexion with the demolition of buildings or structures up to two storeys high or of a maximum height of ten metres; (d) Classification 4-in relation to construction work in connexion with the demolition of houses; (e) Classification 5-in relation to construction work in connexion with the removal of asbestos from a building or structure or from machinery, plant or equipment;

Construction Safety Act Amendment Act 1985, No. 23 283 (f) Classification 6-in relation to construction work in connexion with demolition of a prescribed class. (2) The classifications referred to in subsection (1) descend in numerical order from Classification 1, the highest level of classification, to Classification 6, the lowest level of classification. 57F. Persons who may be licensed . (1) Subject to this Act, an individual who seeks to obtain a licence as a licensed demolisher shall apply to the Chief Inspector in the prescribed form and shall otherwise comply with the provisions of this Act relating thereto. (2) The Chief Inspector shall grant to an applicant for a licence the licence sought if the applicant satisfies him that the applicant- (a) is of or above the age of 18 years; (b) is trustworthy and competent to perform the duties under the authority of the licence for which he applies; (c) has passed such examination as is prescribed; and (d) has submitted the application and paid the prescribed fee. (3) Notwithstanding the provisions of subsection (2), an individual who is at the date on which the Construction Safety Act Amendment Act 1985 is assented to for and on behalf of Her Majesty performing construction work in connexion with demolition but is not able to meet the requirements for licensing under this Act specified in subsection (2), may be licensed by the Chief Inspector if within 3 months of the date of commencement of the provisions of section 57B the individual- (a) submits an application to the Chief Inspector in the prescribed form and pays the prescribed fee; and (b) satisfies the Chief Inspector by producing evidence- (i) that he is trustworthy; and (ii) that he has had sufficient experience in carrying out construction work of the class or classes for which he seeks the licence. 57G. Restriction on holder of limited experience . Where it appears to the Chief Inspector from the material furnished to him by the applicant for a licence that the experience of the applicant is limited in any particular aspect of the duties relating to the. licence for which he applies, the Chief Inspector may subject the licence to such restrictive condition as he thinks fit. If the holder of the licence so restricted at any time satisfies the Chief Inspector that he has acquired such further experience as to make it appear that the restriction is no longer appropriate, the Chief Inspector shall either delete or vary the restriction as the case may require. 57H. Duration of licence . Unless sooner cancelled, suspended or surrendered a licence shall subsist for a period of 12 months from and including the date of its granting or, as the case may be,

284 Construction Safety Act Amendment Act 1985, No. 23 its last renewal, and for the purpose of calculating the period of its duration a licence shall be deemed to have subsisted throughout any period for which it has in fact been suspended or is of no force or effect. 571. Renewal of licence . (I) Upon application for a renewal of a licence made in the prescribed form and 14 days before the date of expiration shown on the licence and upon payment of the prescribed renewal fee, the Chief Inspector shall renew the licence if he is satisfied that the provisions of this Act applicable thereto have been complied with and the holder thereof continues to be trustworthy and competent to perform the duties under the authority of the licence. (2) Subject to this Act, where a holder of a licence fails to apply for renewal of a licence pursuant to subsection (1), the licence shall lapse and become invalid and of no further effect from the date or expiry shown on the licence. (3) Notwithstanding the provisions of this Act, a holder of a licence who allows a licence to become invalid pursuant to subsection (2) shall- (a) in the case where the licence has lapsed for a period of less than 12 months, be entitled to renew the licence upon payment of the prescribed application fee and renewal fee in respect of such an application; and (b) in the case where the licence has lapsed for a period of 12 months or more, be re-examined and if successful shall be entitled to submit an application for a licence as required by this Act. 57J. Revocation, suspension etc., of licence . (1) If it appears to the Chief Inspector that the holder of a licence- (a) has been convicted of an offence against this Act; (b) has shown himself to be incompetent or inefficient in the carrying out if his duties in respect of which the licence is issued; (c) has infringed any restriction or condition of the licence; or (d) has contravened or failed to comply with any of the provisions of this Act, the Chief Inspector may call upon the holder to show cause, at a time and place nominated by the Chief Inspector why the licence should not be revoked, suspended or cancelled and reissued in any level of classification lower than the classification or classifications in the subsisting licence. (2) If the holder of a licence called upon to show cause fails to show cause or does not show cause sufficient in the Chief Inspector's opinion the Chief Inspector may- (a) revoke the licence; (b) suspend the licence for such period as the Chief Inspector thinks fit; or

Construction Safety Act Amendment Act 1985, No. 23 285 (c) cancel the licence and reissue to the holder a licence on any level of classification lower than the classification or classifications in the subsisting licence, and the reissued licence shall, subject to this Act, remain in force only for the period during which it would have remained in force but for the cancellation and reissuing. (3) Cause may be shown- (a) by the holder of the licence appearing in person before the Chief Inspector and being heard; or (b) in writing. Where as a result of a show cause proceeding under this section the Chief Inspector proposes to revoke, suspend or cancel and reissue the licence of a holder who has not appeared in person in that proceeding he shall first inform the holder of his proposal and offer the holder the opportunity of appearing before him at a time and place appointed by him and being heard. 57K. Appeals concerning licences etc . (1) An individual who is aggrieved by a decision of the Chief Inspector- (a) to refuse to grant a licence pursuant to section 57F; or (b) to revoke, suspend or cancel and reissue a licence on a lower classification pursuant to section 571, may appeal to an industrial magistrate. Jurisdiction is hereby conferred on industrial magistrates to hear and determine such appeals. (2) An appeal shall be instituted within 21 days after the person aggrieved is informed of the Chief Inspector's decision and shall be instituted, heard and determined in the manner prescribed or, in so far as it is not prescribed, as the industrial magistrate directs. (3) Upon - an appeal the industrial magistrate may affirm, rescind or vary the decision of the Chief Inspector whereupon the industrial magistrate's decision shall be deemed to be that of the Chief Inspector and shall be final and conclusive. 57L. Surrender of revoked , suspended or cancelled licence. (I) When a licence is revoked, suspended or cancelled and reissued on a lower classification pursuant to section 571, the holder of the licence shall- (a) within 21 days of his being informed of the revocation, suspension or cancellation and reissuing by decision of the Chief Inspector, save where he duly institutes an appeal against that decision; and (b) forthwith upon his being informed of the revocation, suspension or cancellation by decision of the industrial magistrate, surrender the existing licence to the Chief Inspector.

286 Construction Safety Act Amendment Act 1985, No. 23 (2) A licence surrendered to the Chief Inspector shall- (a) in the case of revocation, be cancelled by him absolutely; (b) in the case of suspension, be held by him until the period of suspension has expired; and (c) in the case of cancellation and reissuing on a lower classification, be cancelled and reissued in such lower classification or classifications as is determined by the Chief Inspector pursuant to the provisions of section 57i. (3) A person who fails to surrender a licence to the Chief Inspector as prescribed by subsection (1) commits an offence against this Act. 57M, Permits in respect of certain construction work. (1) The Chief Inspector may, upon application in the prescribed form and upon payment of the prescribed fee, grant a permit- (a) to a person to perform construction work in connexion with the demolition of a house situated' on land of which he is the holder; (b) to a licensed demolisher who seeks to perform construction work for which a licence of a higher level of classification than the licence issued to that person is required under this Act; (c) to a person who seeks to engage as a learner in the occupation of licensed demolisher; and (d) to a person who seeks to become a licensed demolisher. (2) Subject to this Act, a permit granted under subsection (1) shall- (a) be in force for the time specified therein; (b) be issued for a designated period; and (c) have such conditions and restrictions as are imposed by the Chief Inspector.". 13. Amendment of s. 64. Regulations may be made . Section 64 of the Principal Act is amended by in subsection (1), omitting provision (c) and substituting the following provision:- (c) Certificates of competency , licences and permits. Providing for and regulating- (i) the subject-matter, conduct and standards of examinations to qualify applicants for certificates of competency and licences under this Act and other matters incidental to the holding of those examinations; (ii) the granting, revocation, suspension, cancellation or reissuing of certificates of competency, licences, permits and permits to learners and the issue of fresh certificates of competency, licences , permits and

Construction Safety Act Amendment Act 1985, No. 23 287 permits to learners in lieu of any of them have been lost or destroyed or whereon the particulars have become illegible; ". 14. Amendment of s. 67. Forgery of certificates, etc. Section 67 of the Principal Act is amended by inserting, in subsection (1), before the word " certificate " where it occurs in paragraphs (a), (b), (c), (d), (h) and (j), the word and expression " licence,". 15. Amendment of s. 68. General penalty . Section 68 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- " (2) Save where this Act otherwise prescribes, a person who is convicted of an offence against this Act is liable- (a) if a body corporate, to a penalty of $10 000; (b) if a person other than a body corporate, to a penalty of $2 500 or 6 months imprisonment or to both such fine and imprisonment.". 16. Amendment of s. 69. Particular penalty. Section 69 of the Principal Act is amended by- (a) in subsection (I)- (i) omitting from provision (a) the words " to a penalty of $5,000;" and substituting the following words:- t{ (a) if a body corporate, to a penalty of $100 000; (b) if a person other than a body corporate, to a penalty of $25 000 or 6 months imprisonment or to both such fine and imprisonment;"; (ii) omitting from provision (b) the expression " $20 " and substituting the expression " $50 "; (b) inserting after subsection (1) the following subsection:- " (IA) Save where this Act prescribes otherwise, a person who is convicted of an offence against this Act- (a) that consists of a contravention or failure to comply with section 15 or 51 of this Act is liable to a penalty of $1 000 or imprisonment for 6 months or both such fine and imprisonment; (b) that consists of a contravention or failure to comply with section 16 of this Act is liable to a penalty of $5 000 or imprisonment for 6 months or both such fine and imprisonment; (c) that consists of a contravention or failure to comply with section 30 of this Act is liable- (i) if a body corporate, to be a penalty of $50 000;

288 Construction Safety Act Amendment Act 1985, No. 23 13 (ii) if a person other than a body corporate, to a penalty of $10 000 or 6 months imprisonment or both such fine and imprisonment.". (c) omitting from subsection (2) the expression " $50 " and substituting the expression " $100 ". 17. Amendment of s. 70. Proceedings re offences . Section 70 of the Principal Act is amended by- (a) in subsection (1) omitting the words " A prosecution " and substituting the words " Subject to subsection (7), a prosecution "; (b) in subsection (4) omitting the words "A prosecution " and substituting the words " ° Subject to subsection (7), a prosecution "; (c) adding after subsection (4) the following subsections:- " (5) Where an offence by a person against this Act consists in- (a) a failure to comply with a requisition by an inspector to state his true name or place of residence; (b) the stating of a name or place of residence that is false in any particular in response to a requisition made to him by an inspector; (c) assaulting or resisting an inspector in the exercise of his powers or the performance of his functions under this Act or attempting so to do; or (d) using any threat to an inspector or to a workman who is connected with an inspection, examination or inquiry being made pursuant to this Act, the alleged offender may be arrested without warrant by any member of the Police Force upon a charge of that offence and taken before a justice to be dealt with according to law. (6) Where- (a) an inspector has given a direction pursuant to any one or more of the sections consisting of sections 25 to 29, both inclusive; (b) the person to whom the direction was given has failed to comply with the inspector's direction within the time specified; and (c) it appears to an inspector that the failure to comply with such a direction is likely to cause loss of life of or serious bodily injury to any person or damage to any property, the person who failed to comply with that direction commits an offence against this Act and may be arrested without warrant by any member of the Police Force upon a charge of that offence and taken before a justice to be dealt with according to law.

Construction Safety Act Amendment Act 1985, No. 23 289 (7) Proceedings where an offender has been arrested without warrant to be dealt with pursuant to subsection ( 5) or (6) shall be taken in a summary way under the Justices Act1886